- (1.) HEARD Sri U.S. Sahai, learned counsel for petitioners and Qazi Mohd. Ahmad, learned counsel for legal representatives opposite party No.2.
(2.) ALL pending substitution applications to bring on record legal representatives of deceased opposite parties are allowed.
(3.) MATTER relates to the agricultural land comprised in khatas No.15, 26 and 27. In the basic year when consolidation proceedings started in the area where land in dispute is situate, the said khatas were entered in the name of Noor Mohd. (original opposite party No.3) Smt. Subhani (since deceased) and others. Petitioners filed objections under Section 9(2) of U.P. Consolidation of Holdings Act claiming adverse possession. On 24.01.1971 A.C.O. passed the order in favour of petitioners on the basis of compromise as recorded tenure holders Noor Mohd. and others had accepted the case of the petitioners of maturity of title through adverse possession. Smt. Subhani had died by then and Noor Mohd. Claimed to be her successor. Opposite party No.2, Akhtari Begum had also filed objections claiming her right in the three khatas on the basis that she was successor of Smt. Subhani. Oblivious of the order dated 14 (or 17).01.1971, the matter was decided by S.O.C. on 30.06.1971 declaring 1/3rd share of Akhtari Begum in khata No.15, 1/40th share in khata No.26 and 1/24th share in khata No.27.;